2008 Supervisory Sexual Harassment Training

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Supervisory Sexual HarassmentTraining


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Introduction

Sexual harassment training is not required under federal law. However,many states have enacted legislation specifically requiring sexualharassment training. Even if not required in a state in which youoperate, the Supreme Court's landmark decisions in the 1998 Faragherand Ellerth sexual harassment cases, subsequent court decisions andEEOC Guidelines make it clear that sexual harassment training isessential. To raise a defense or avoid punitive damages in sexualharassment lawsuits, employers need to show that they have providedperiodic sexual harassment training to all employees.

This sample presentation is intended for presentation to supervisorsand other individuals who manage other employees. It includes

detailed information on retaliation and employer liability that the samplepresentation for general employees does not. It is designed to bepresented by an individual who is knowledgeable in both sexualharassment and the employers own policy on sexual harassment. This

is a sample presentation that must be customized to include and matchthe employers own policies and practices.


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Objectives

At the close of this session, you will be able to:

Explain what sexual harassment is

State why it is important to prevent sexual harassment in our

workplace Understand what retaliation is and help prevent retaliation

claims by employees who complain of sexual harassment


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Objectives (Contd)

Describe the (name of company) policy and procedures onsexual harassment

Understand your responsibilities as supervisors for handlingcomplaints and assisting in investigations and disciplinaryaction.


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What is Sexual Harassment?

Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical conduct of a sexual nature that affectsan individuals employment, unreasonably interferes with his/her

work performance, or creates an intimidating, hostile oroffensive work environment.


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Quid pro Quo

Tangible employment action against the victim

Involves monetary loss or change in job

> Example: Mary Smith receives smaller pay increase based onperformance than other employees with similar performancebecause she refused to go out with her supervisor, John Doe.


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Hostile Work Environment

Speech or conduct that is severe and/or pervasive enough tocreate an abusive or hostile work environment

> Example: Mike Maloney is leering (elevator eyes) at andintentionally brushing against Sally Davis


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Hostile Work Environment (contd)

In addition to speech and/or conduct, covers explicit orsuggestive items displayed in the workplace that interfere withjob performance or that create an abusive or hostile workenvironment

> Example: Jill Jones has a 9 x 12 calendar of nude males on her

cubicle wall visible to passersby.


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Who can be involved in sexual harassment?

Those who commit employees at all levels, customers,members of the same sex

Those who are targeted victims, bystanders and, in somecases, witnesses who are affected by the harassment.


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What is Retaliation?

Retaliation is defined as an adverse action taken againstan employee because he/she complained of harassmentor discrimination

Adverse action includes demotion, discipline,

termination, salary reduction, negative performanceappraisal, change in job duties or shift assignment.


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What is Retaliation (Contd)

Anti-discrimination laws prohibit employers from taking adverseaction against employees for asserting their rights.

When an employee complains of sexual harassment to you or

to others in this company or to a government agency, you mustnot take any action that the employee may view as punishmentor retaliation for filing the complaint.


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Retaliation (Contd)

That he/she engaged in a protected activity, such as complaining ofsexual harassment

That he/she suffered an adverse employment action, such as demotion,termination

That the protected activity and adverse action are linked.

To succeed in a retaliation claim, an employee must provethe following:


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Retaliation (Contd)

To avoid charges of retaliation:

Document the reason for any adverse employment against anemployee. Make sure that the documentation shows no discriminatoryreason for the adverse action.

Do NOT take any adverse action against an employee who hascomplained of sexual harassment without discussing with and obtainingapproval from the HR Director.


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Questions ? Comments ?


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Why its Important

Why is it important to prevent sexual harassment in ourworkplace?

Sexual harassment harms us all. The most important part of ourcorporate values is to ensure all employees are treated withrespect and dignity. Engaging in, condoning, or not reportingsexual harassment are in direct conflict with our values.

Compliance with Title VII of the Civil Rights Act which prohibitssex discrimination.

Compliance with similar state civil rights laws and fair employment

laws.


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Why its Important (contd)

Liability for the employer may be under federal or statelaw or civil litigation

The company is always responsible for harassment by asupervisor that results in a tangible employment action such as a

hiring, firing, promotion, demotion, change in pay or benefits, andwork duties. This would be the Quid pro Quo type of sexualharassment.


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If the harassment does not result in a tangible employmentaction, the employer may still be liable unless it provesthat:

1) it exercised reasonable care to prevent and promptly correct any

harassment;and

2) the employee unreasonably failed to complain to management orto avoid harm otherwise


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Liability

Many state non-discrimination laws define employer to includeindividual supervisors, managers, or officials

Increasingly there is risk of individual liability for these company

individuals as many suits contain state law claims.


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Limits on Damages

Number of employees Maximum total of compensatoryand punitive damages

15 -100 $ 50,000

101 200 $100,000

201 500 $200,000

501 or more $500,000

Note: When the EEOC pursues a claim for more than one person, the damage caps are applied to eachaggrieved individual.


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Sexual Harassment Judgments

In Fiscal Year 2005, the EEOC resolved 12,859 sexual harassmentcharges in FY 2005 and recovered $47.9 million in monetarybenefits for charging parties and other aggrieved individuals (notincluding monetary benefits obtained through litigation).


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Sexual Harassment Judgments (Contd)

One of largest and most publicized EEOC settlements:

Mitsubishi (1998) - $34 million. EEOC sued contending that women onthe assembly line in an IL factory were groped, insulted, and subjectedto raunchy insults. Women also alleged male coworkers and

supervisors kissed and fondled them, demanded sexual favors, andretaliated against those who refused.


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Sexual Harassment Judgments (Contd)

Another case:

$3.5 millionBaker and McKenzie, worlds largest law firm. SecretaryRena Weeks accused partner and firm of creating a hostile workenvironment and failing to take steps against a partner. A series of

women at firm had complained of partners sexual harassment but firmtook no action against the partner. Firm actually transferred some ofcomplainants and fired one.


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Questions? Comments?


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Our Policy & Procedure on Sexual Harassment

(Provide copies of your policy to all attendees and review all ormost important components. You may also want to add mostimportant parts of the policy and procedure to this presentation.)


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Your Responsibilities as Supervisors

Know and comply with our policy and procedures

Immediately report any complaint that you receive from youremployees or incidents that you witness involving othersupervisors employees to the Human Resources Director


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Your Responsibilities as Supervisors (Contd)

In handling sexual harassment complaints from your employees:

Demonstrate your willingness to hear and objectively discuss complaints

Inform the employee that you must report all complains to the HR Director.

Tell the employee that confidentiality will be respected as much as possible

but cannot be assured in order to investigate fully and properly


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Investigations are conducted by the HR Director or by thecompanys legal counsel

Be available for interviews and provide as much information aspossible.

Make employees available for interviews


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Once an investigation has been completed, if disciplinaryaction is to be taken, work with the HR Director to makesure that:

The victim is not adversely affected

The sexual harassment stops and does not recur


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Questions ? Comments ?


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Summary

Sexual harassment is

Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical conduct of a sexual nature that affects

an individuals employment, unreasonably interferes with his/herwork performance, or creates an intimidating, hostile oroffensive work environment.


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Summary (Contd)

There are two forms of sexual harassment

Quid pro quo (Latin for this for that or something for

something) and

Hostile Work Environment


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Summary (Contd)

Retaliation is taking adverse action against an employeewho has complained of sexual harassment. It is just asillegal as sexual harassment and is strictly prohibited inour company.


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Summary (Contd)

It is important to prevent sexual harassment in our workplacebecause it harms us all. It conflicts with our corporate valuethat all employees are treated with respect and dignity and

Sexual harassment and retaliating against an employee who

complains of sexual harassment is illegal under federal andstate laws.


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Summary (Contd)

Your responsibilities are to:

Know and comply with our policy and procedures

Immediately report any complaints you receive or incidents you witnessto the HR Director

Handle complaints from your employees in accordance with our policyand procedures

Never retaliate against an employee who complains of sexualharassment

Assist with investigations and disciplinary action

Assure that victims are not adversely affected

Make sure that sexual harassment stops and does not recur.


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Questions? Comments?


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Course Evaluation

Please be sure to complete and leave the evaluation sheetyou received with your handouts.

Thank you for your attention and interest!

Documents

2008 Supervisory Sexual Harassment Training